Claude Beard v. the State of Texas
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledNovember 4, 2026
Docket03-26-00802-CV
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00802-CV
Claude Beard, Appellant
v.
The State of Texas, Appellee
FROM THE 147TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-25-208379, THE HONORABLE CLIFFORD A. BROWN, JUDGE PRESIDING
MEMORANDUM OPINION
Claude Beard, who is acting pro se and charged with a state-jail felony, seeks to
appeal an expert’s finding that Beard is incompetent to stand trial. 1 See generally Tex. Code Crim.
Proc. art. 46B.025 (providing for expert’s report to trial court after evaluation of defendant). The
clerk’s record shows that after an informal inquiry, the trial court determined that evidence existed
supporting a finding of Beard’s incompetency to stand trial. See id. art. 46B.005. The trial court
then ordered an examination to determine Beard’s competency to stand trial and appointed counsel
to represent him and an expert to evaluate him. See id. arts. 46B.005, .006, .021. The expert issued
a report to the trial court after that evaluation, and the trial court found Beard incompetent to stand
trial. See id. arts. 46B.025, .071. On July 7, 2026, the trial court signed an order temporarily
1 In the report, the expert opined that Beard is presently incompetent to stand trial but
likely to regain competency in the foreseeable future. See Tex. Code Crim. Proc. art. 46B.025.
committing Beard to a mental-health facility or residential-care facility for inpatient observation
and treatment for no longer than 120 days. See id. art. 46B.073(b)(2).
The expert’s finding of Beard’s incompetency to stand trial is in a report issued
under article 46B.025 of subchapter D. The trial court issued its competency-restoration-
commitment order under article 46B.073(b) of subchapter D. Both the expert’s finding and the
trial court’s temporary-commitment order relate to the trial court’s initial determination—made
under article 46B.005—about the existence of evidence indicating Beard’s incompetency to stand
trial. Neither the expert’s finding nor the trial court’s temporary-commitment order are appealable
because the Code of Criminal Procedure precludes any interlocutory appeal “relating to a
determination or ruling under Article 46B.005.” Id. art. 46B.011. And this Court has noted that
no legislative provision exists for appeals from temporary-commitment orders issued under article
46B, subchapter D. Queen v. State, 212 S.W.3d 619, 622 (Tex. App.—Austin 2006, no pet.).
In the absence of an appealable order or final judgment, we lack jurisdiction over
Beard’s appeal. See id. at 623 (dismissing appeal for want of jurisdiction because legislature “did
not provide for an interlocutory appeal from an order of temporary commitment pending re-
evaluation and further proceedings”). Further, because Beard is represented by appointed counsel
and has no right to hybrid representation, his attempted appeal presents nothing for our review.
See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995) (en banc). This Court notified
Beard and his counsel that we questioned our jurisdiction, and we requested a response by October
9, 2026, explaining why we have jurisdiction over this appeal.
On October 16, 2026, Beard filed a response alleging the violation of his right to a
speedy trial. But the speedy-trial calculation does not include delays related to a defendant’s
competency evaluations. See State v. Lopez, 631 S.W.3d 107, 112 (Tex. Crim. App. 2021) (“Our
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caselaw is clear that delays related to competency evaluations do not count against the State.”);
Hull v. State, 699 S.W.2d 220, 222 (Tex. Crim. App. 1985) (concluding that delay due to
defendant’s incompetency to stand trial did not infringe on his right to speedy trial). 2 Beard’s
response does not demonstrate our jurisdiction over his appeal challenging the expert’s finding
under article 46B.025 of Beard’s incompetency to stand trial.
We dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Kelly and Theofanis
Dismissed for Want of Jurisdiction
Filed: November 4, 2026
2 Interlocutory appeals are also not authorized for speedy-trial complaints. See Ex parte
Sheffield, 685 S.W.3d 86, 95-97 (Tex. Crim. App. 2023).
3